Lagos-based lawyer, Mike Ozekhome (SAN), on Saturday, stated that it was dangerous and unbecoming for serving officers of the executive firm of government to run to court each time they are summoned by the Senate or National Assembly in the exercise of their oversight functions, clearly provided for in sections 88 and 89 of the 1999 Constitution.
He warned that the emerging trend, if allowed to continue, could cause the government to grind to a complete halt.
Ozekhome added in a statement that the Executive would not prevent the National Assembly from carrying out it’s legislative functions, going by the famous doctrine of separation of powers.
“This has been encapsulated in sections 4,5 and 6 of the 1999 Constitution (the Legislature, Executive and Judiciary). In the same way, the NASS cannot stop the Executive from carrying out its functions.
“Second, rushing to Court does not necessarily operate as a stay of action of legislative work, assuming such legislative action can be stayed at all, which is denied. The plaintiff has to, first seek for an injunction. I am not aware that any of the litigants has secured any injunction against the Senate.
“But perhaps the greatest danger in this Court -shopping lies in possible retaliatory measures by the Senate against the Executive by refusing to cooperate with such officials of MDAs in terms of budgetary approvals until their directives have been first carried out,” Ozekhome stated.
“These government officials are showing utmost disdain to the high institution of the Senate. They are behaving as if they are a law unto themselves, uncheckable, uncontrollable and unaccountable.
What happens if the NASS also rushes to Court when the Executive makes demands on it and wave “subjudice mantra,” Ozekhome queried.
He further condemned what he described as “farcical story” that the NIA, Nigeria’s external secret Police, has claimed ownership of the large haul of $43.4m, £27,800 and N23.2m.
“It is total hogwash, bunkum and balderdash. Let this government and its minions credit Nigerians with some modicum of sense and capacity to reason,even with their valiant attempts to cow,browbeat and intimidate all opposition elements and critical voices in their so called corruption war.
“We seem fixated to name and humiliate Nigerians. How can N15b be found in Osborne Road, Ikoyi, by no means a back squalid street?
“The truth is that all these simulated ‘arrangee discoveries’ can only temporarily divert attention from the hunger, fear, disease, non performance and cluelessness of this government. But even lies have their expiry dates. The chicken will finally come home to roost,” Ozekhome stated.
and then